RP02 EBA Procedures Flashcards
What is the order of the EBA process?
• Passive Breath Test
- “ALCOHOL”
- “I now require you to undergo a breath screening test without delay”
• Breath Screening Test
- Fail
- “I now require you to accompany me to the _____ Police Station or other such place for the purpose of an evidential breath test, blood test or both”
- Read them their rights/caution
• Conducting EBT
- “I now require you to undergo an evidential breath test without delay”
- Max of three attempts
- If the driver refuses or fails EBT, go into blood test
- 12 minute period
How many attempts can a person have at an evidential breath test?
3 attempts
What will the Drager 6510 read for a passive breath test?
“ALCOHOL”
“NO ALCOHOL”
What will the Drager 7510NZ read for a passive breath test?
“PASS”
“FAIL”
What must you say to commence breath screening test? BST
“I now require you to undergo a breath screening test without delay.”
What must you say when you require a person to accompany you for an EBT?
“I now require you to accompany me to the ______ Police Station or other such place for the purpose of an evidential breath test, blood test or both.”
When can you require a person to accompany you for an EBT?
• the driver or person being testing fails or refuses to blow into the breath screening device. • no breath screening device available. • +20yrs test reading - “OVER 400” - “250+ OVER” • -20yrs test reading - “UNDER 250” - “250+ OVER” - “OVER 400”
Drager 7510NZ can conduct a roadside EBT if it is safe to do so.
What do you need to do after you’ve required a person to accompany you for an EBT?
- Read them their rights.
- let them contact a lawyer in private, such as in the back of your patrol car. Before they undergo the EBT.
- Detained S125 (RAN) and S85 Search.
- if they refuse, warn then arrest. Liable for a charge of failing or refusing to accompany you.
- If arrested, Rights and search again
What must you say before you conduct an EBT?
“I now require you to undergo an evidential breath test without delay”
Can you still forbid a driver from driving after they have passed an EBT?
Yes, under S121(2)(a) of the LTA1998.
If you believe on reasonable grounds that they are still incapable of having proper control of the vehicle.
You can forbid them for 12 hours.
What is the 10(12) minute period for?
It is a legal requirement to give the driver time to request a blood test.
If they say, or you do anything, you must restart the timer.
If the driver requests blood, the timer no longer applies.
If time runs out, the driver accepts the EBT, and the procedure is complete.
What is the Breath and Blood Alcohol Procedure Sheet?
POL515.
Start as early as you suspect a drunk driver.
When can drink drivers be arrested?
- it is necessary to complete breath/blood alcohol tests.
- RGTB they will be a risk to public safety by again driving while impaired.
- if there is doubt about their identity.
- if there is doubt they will be able to be located for serving a summons.
- to ensure they will appear in court.
Issuing a summons… EBA
Summons under S29 Criminal Procedure Act when a person accepts their EBT and is not arrested.
Summons for a date no more than 2 months away.
Anyone under 17 file should be sent to YAS.
If summonsing, consider S33 PA2008 (obtaining details for summons)
Start the blood test procedure if…
- an EBT is unavailable
- the driver refuses or fails to undergo EBT
- an “incomplete” result is obtained
- a positive result is obtained and the driver elects to have a blood sample taken.
What are the EBT levels for an ION?
• +20 250-400mcg. No blood option. $200 50 demerits
• -20 1-150mcg. No blood option.
$200 50 demerits
What is the time frame for a blood test result? EBA
2-7 weeks. The driver cannot be charged until the result comes back.
A positive EBT or a refused/failed result the driver must be forbidden to drive for 12 hours S121(2)(a).
Also consider forbidding other drivers who returned a lower result.
What is your power to suspend licences? EBA
S95 LTA1998 Mandatory 28 day licence suspension
• breath alcohol over 650mcg per L of blood.
• blood alcohol over 130mg per 100ml.
• over 400mcg breath and any relevant offence 4 years.
• over 80mg blood and any relevant offence 4 years.
• failed or refused a blood test at the request of
- enforcement officer, authorised medical person
- hospital
Power to impound vehicles? EBA
S96 LTA1998 Mandatory Vehicle Impoundment 28days
• +400mcg breath and 2 relevant convictions last 4 years
• +80mcg blood and 2 relevant convictions last 4 years
• failed or refused a blood test at the request of
- enforcement officer, authorised medical practitioner
- hospital AND
- has 2 relevant conviction last 4 years
Arrestable EBA Offences…
- S59(1)(a) fails or refuses to remain after BST
- S59(1)(b) fails or refuses to accompany
- S60(1)(a) fails or refuses to give blood when required by an enforcement officer
- S60(1)(b) fails or refuses to give blood when requested by a medical practitioner
POA S120(1)(a) LTA1998
What is the difference between two sample scores for an EBT to be considered ‘incomplete’?
15% or more